Can a defendant raise preclusion in a motion to dismiss?
MultiRegion, United States of America
The following excerpt is from Ros v. Deutsche Bank Nat'l Trust Co., CASE NO. 12-CV-1929 BEN WVG (S.D. Cal. 2013):
Plaintiff next asserts that preclusion is "irrelevant" at this stage of the litigation. Not so. A defendant may raise preclusion in a Rule 12(b)(6) motion to dismiss. See, e.g., Ros v. U.S. Bank, Nat'l Ass'n, No. 12-CV-1447, 2013 U.S. Dist. LEXIS 87134, at * 7n.l.
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